LGBT Same-Sex Divorce Attorney

Divorce can be a complex and emotional process for anyone. However, since Florida only recently began recognizing same-sex marriages, there may be special considerations during a same-sex divorce, such as establishing the length of the relationship for property division purposes. Contact an Orlando same-sex divorce attorney from the O’Mara Law Group for help navigating the unique challenges of your divorce proceedings.

Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara

Content last updated on: April 8, 2024

Divorce is an unfortunate reality for many married couples. The divorce process poses many challenges, especially for same-sex couples. 

2021 Gallup poll reports that 10 percent of LGBT adults were in same-sex marriages. Another six percent were in same-sex domestic partnerships. Unfortunately, some of those relationships will inevitably fail, and one or both parties will seek a divorce. 

While the law and procedures are the same for both opposite-sex and same-sex couples, same-sex unions can present unique challenges. Matters about assets, alimony, and child custody can become complicated in same-sex divorces for several reasons, for instance:

  • The relationship may have lasted much longer than Florida law has recognized same-sex marriages. 
  • Child custody may be more difficult to determine in cases with only one biological parent.

You don’t have to go through your divorce alone. Contact our skilled Orlando attorneys with experience in same-sex divorces at the O’Mara Law Group to help you navigate the process. Call our Orlando law office today for a consultation and experienced representation.

Why work with an Orlando attorney with experience with same-sex divorces?

Choosing the right attorney for you makes all the difference. When you work with an Orlando attorney experienced in same-sex divorces from the O’Mara Law Group, you get someone knowledgeable in Florida divorce procedures and rules by your side from start to finish. 

  • We have 35 years of combined experience handling and negotiating divorce cases.  
  • Each of our attorneys is a skilled negotiator who will fight for the settlements you deserve. 
  • Our firm is home to Top 100 Trial Lawyers and Super Lawyers—attorneys with high ratings based on peer recognition and professional accomplishments.
  • Clients praise our firm for our extensive knowledge of the Florida divorce process and our compassion and dedication toward our clients. 
  • Mark Rabinowitz has been Board Certified in Marital and Family Law in Florida since 1999. He has served on the Marital and Family Law Certification Committee of The Florida Bar, and has served as a member of the Family Law Rules Committee.
  • Mark O’Mara is a certified family mediator through the Florida Supreme Court and board certified by the Florida Bar in marital and family law.

The decision to get a divorce is not easy, and legal complications when filing a divorce in Florida can make it even more difficult. Mistakes can be costly, both financially and time-wise. 

Contact one of our Orlando divorce lawyers today for experienced representation. 

How can a same-sex divorce attorney in Orlando help me?

An attorney with experience handling same-sex divorces will be a major asset to you throughout your divorce. Their expertise makes them adept at negotiating issues, such as the following: 

At the O’Mara Law Group, we consider your unique situation as we negotiate your settlements. Our Orlando same-sex divorce attorneys are skilled at what they do and have helped numerous couples through the divorce process. 

How do we help you navigate the process?

We welcome your questions about the Florida divorce process and have the knowledge to answer them. The O’Mara Law Group is ready to help you with each step. 

Step 1: File a Petition for Divorce

The first step in divorce proceedings is to file a petition with the Orange County Clerk of Courts. One of the O’Mara Law Group’s attorneys can help you determine which type of marriage dissolution petition to file. 

Step 2: Serve Your Spouse With the Petition

A copy of the filed petition must be served by the sheriff in your county, notifying your spouse that you are seeking a divorce and allowing them to contest any terms in your initial request. 

Your spouse will have 20 days to respond to the divorce papers. In some cases, where both spouses agree to the divorce, serving the petition may not be needed. 

Step 3: Gather The Necessary Documents

nce you file the petition, gather important documents to prepare for your divorce case. This process is known as “discovery.” Some of these documents may include the following:

  • Paycheck stubs
  • Income records 
  • Bank statements
  • Tax returns
  • Documentation of all assets and debts

Step 4: Mediation

Mediation is the next part of the divorce process. A neutral third party, often another attorney certified by the Florida Supreme Court, facilitates negotiations between you and your spouse with your respective attorneys. 

The purpose of mediation is to reach mutually agreeable solutions without having to go to court. If agreements can’t be reached, your divorce case goes before a judge who makes the final decisions on the disagreements. You have 30 days to appeal any judgment you deem unfair. 

Step 5: Finalizing the Divorce

Finalizing your divorce can take months or even years. The length of your divorce proceedings depends on how well you and your spouse negotiate finances, property, child custody, and other elements of your relationship.

How much does a lawyer with same-sex divorce experience in Orlando cost?

Costs of a same-sex divorce lawyer in Florida will differ based on the law firm’s rates and the intricacy of your divorce.

Uncontested divorces, in which you and your spouse agree on your divorce terms, tend to be easier to complete and less costly. Contested divorces, on the other hand, cost more due to time-consuming challenges and disagreements.

We Understand the Unique Challenges That Same-Sex Couples Face During a Divorce

Same-sex couples in Florida have the same divorce rights as any other citizens. However, during divorce proceedings, you may face challenges unique to your marriage and overall relationship.

Length of Marriage vs. Length of Relationship

Florida legalized same-sex marriage in 2015, but many same-sex couples have been together much longer than their legal marriage date. Therefore, the legalities of dividing your properties could be complicated if you accumulated any joint assets before January 2015. A same-sex divorce attorney can advocate for you during the asset division process.

Child Custody

The non-biological parent might not have enforceable parental rights if they didn’t legally adopt the child or enter into a parenting agreement during their marriage. However, the court will look at other factors beyond biological connections, such as the role of the non-biological parent in the child’s life. 

In many cases, only one person is the biological parent, and the other is the adoptive parent, though sometimes same-sex couples adopt children together. A child-custody lawyer can help you sort through any legal issues arising during custody disputes.

Child Support

Child support matters might also be challenging for the same reasons as custody issues. A child-support lawyer from the O’Mara Law Group will advocate for appropriate monetary support for your children, no matter your situation.


A key factor in determining alimony, also known as spousal support, is the length of the marriage, which doesn’t accurately reflect the couple’s shared income and financial history before marriage. 

An alimony lawyer in Orlando can help you receive a fair financial award. 

What are your rights?

As a no-fault divorce state, Florida doesn’t require you to prove any wrongdoing to file. You can simply state that you and your spouse have differences that you cannot overcome. 

Florida is also an equitable distribution state. That means that if your divorce is contested, the court considers all details about the marriage to divide properties fairly. These details will include your and your spouse’s financial contributions, the duration of the marriage, and any other relevant factors. 

Our attorneys at the O’Mara Law Group can help you build your case and fight for your fair share.

Hire an Experienced Same-Sex Divorce Lawyer From the O'Mara Law Group

You may have a lot at stake during a divorce. Entrust your case to an experienced and dedicated Orlando same-sex divorce attorney at the O’Mara Law Group. We’re ready to help you through this process, protect your rights, and help you get the best outcome possible.

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